Revolutionary War Pension and Bounty Land Warrant Application File S. 42,193, Patrick Fitzgerald, Penn.

SERVICE
NUMBER
Penn.
Fitzgerald, Patrick
S. 42,193
CONTENTS

19.453 R
Wapen of I handed to A. Fitzgerald Pus. 6. Aug 4. 1872
Pennsylvania
Patrick Fitzgerald,
of Allegany Co in the State of Pen who was a Sergeant in the Comp y commanded by Captain Posson of the regiment commanded by Colonel Prohead in the Pen line, for the term of two years from April 1776 to 17
Inscribed on the Roll of Pennsylvania at the rate of 8 Dollars per month, to commence on the 16 of May 1825
Certificate of Pension issued the 4. of June 1825 and Walter S. Hinton Esq Pittsburgh. Pen
Arrears to 4th of Semi-ann. all'ce ending Sept 1825  29.18
4. 12 1. 6 24 $29:18 3 mo 1/4 31/30 { Revolutionary claim, Acts March 18, 1818, and May 1, 1820. } March 1. 1823
Q

State of New York
Steuben County
ss. On this 22 d day of May 1878- before me the subscriber first Judge of the Court of Common Pleas of the County of Steuben in the State of New York personally appears Pat Fitz- Gerard aged fifty eight years resident in the Town of Wayne in said County who being by me first duly sworn and swearing to Law doth on his oath make the fol- lowing declaration in order to obtain the provision made by the Late Act of Congress entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war." That the said Pat Fitz-Gerard on the first day of April 1776 at the Town and County of Bedford in the State of Pennsylvania, enlisted as a sergeant in a company then & there commanded by Captain Richard Brown of the first Rifle Regiment commanded by Colonel Samuel Miles of the Pennsylvania line on the Continental

tal Establishment - That his said enlistment was for the term of two years - That he continued in the service of the United States for the said term of two years under his said enlistment until in the month of December in the year aforesaid when he was taken prisoner by the British in the State of New Jersey and carried into the City of New York - That he remained a prisoner in the City of New York from the said month of December until the month of April following when he made his escape from the enemy and went im- mediately to the State of Providence in the State of Rhode Island and in Rhode Island and in the latter part of April 1777 - at Providence aforesaid Enlisted in Captain John Holden's company in the Regiment com- manded by Colonel Christopher Green of the Rhode Island line on the Conti- nental Establishment - That he con- tinued in the service of the United States

said last mentioned Regiment until in the month of April 1978 when he received a regular written discharge signed by Major E. Flag who then then commanded said Regiment, the said Col. Green being absent - which said discharge has since been discharged  lost lost by accident
That he was discharged at the Town of Providence in the State of Rhode Isl- -and - That he was in the battle of the White Plains and Long Island - And that he is in reduced circumstan- -ces and stands in need of the assis- -tance of his Country for support - and that he has no other evidence now in his possession of his said services -
Given to & acknowledged before me } P. Fitzgerald the day and year aforesaid }
Thos M c Burney
I Thomas M c Burney first Judge of the Court of Common Pleas of the County of Steubens in the State of New York do certify that it appears to my satisfaction that the said Pat

Fitz Gerald did serve in the revolutionary war as stated in the preceding declaration against the Common Enemy, And I now transmit proceedings & testimony taken and had before me to the Secretary for the department of War pursuant to the di- rection of the order of the President Congress - Dated this 22 d day of May 1818-
Thos. M c Burney
State of New York
Stephen D. D. S. S. Edward.
I do hereby certify that the foregoing Stephen D. D. S. S. Edward. I do hereby certify that the foregoing is a true and correct copy of the original now on file in my office and that Thomas M c Burney is the person whose signature appears to the preceding declaration & Certificate is now the first Judge of the Court of Common Pleas of said County and duly Commissioned & qualified as such -
Given under my hand and the seal of my office this 22 d day of May 1818
To Howell
-tr

State of Pennsylvania } S. County of Allegheny } 3
At a court of Common Pleas, held at the City of Pittsburgh in and for the County of Allegheny in the fifth Judicial District, before Charles Shaler Esquire President, and Francis Noble and Samy Middle Esquires Associated Judges of the same court, on the seventh day of February A.D. One Thousand eight hundred and twenty-five, personally appeared in open court, (being a court of Record in and for said County) Patrick Fitzgerald, aged about seventy years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the provisions made by the Act of Congress of the 18th March 1818 and the first May 1820: That he now resides in the City of Pittsburgh; that the said Patrick on the first day of April 1776, at the town and County of Bedford in the State of Pennsylvania, enlisted as a sergeant in a company commanded by Captain Richard Brown of the first Rifle Regiment under the Command of Col. Samuel Miles, of the Pennsylvania line, on the Continental establishment; that his said enlistment was for the term of two years, that he continued in the service of the United States under the said enlistment until in the month of December in the year aforesaid when he was taken prisoner by the British in the State of New Jersey, while on his way from the hospital at Easton, where he was placed under the care of Dr. Buck, to Princeton and carried to the City of New York. That he remained a prisoner in said city from the said month of December until the month of April ensuing when he made his escape from the enemy and went immediately to Providence in the State of Rhode Island, and in the latter part of April A.D. 1777 at Providence aforesaid he again enlisted in Captain John Holden's company in the Regiment commanded by Col. Christopher Green of the Rhode Island line on the continental line establishment (finding it difficult to rejoin his company and being advised thereto by some of the men and officers of the said Captain Holden's company) that he

Continued in the service of the United States in the said last mentioned Regiment, untilled in the month of April A.D. 1778, when he received a regular written discharge, signed by Major E. Hagg who then had the command of said Regiment (the said Col Green being absent) that the said discharge was destroyed (accidentally) by fire. That he received his discharge at Providence Rhode Island. He declarat further as to depose, that he was in the Battle of the White Plains, and Long Island and performed his duty as a faithful soldier should do, in opposing the enemies of his Country. That he the said Patrick Fitzgerald hereby relinquishes every claim whatever to a pension except the present; that his name is not on the Roll of any state as a pensioner; that in the year 1818 he made application for a pension, and that after having waited a considerable time in expectation of receiving a pension, he was informed that his application was informed and the testimony transmitted insufficient to establish the facts set forth in his declaration. That he has since that time been in very indigent circumstances; feeble and unhealthy and unable to acquire a livelihood, he has been dependent principally upon the munificence of his friends & countrymen. That he is by occupation a Gardner. That he has four sons, Thomas, Aaron, John and James, two of whom to wit John and James are minors; that James is bound to a trade, and John is in the State of Indiana or Illinois as he has heard and the other two, viz Thos & Aaron belonged to the 2 nd Regiment of Infantry, in the late war, both now wounded while in the service of the United States and in the line of their duty. That they are both crippled and receive a pension from the United States; that they are very poor and scarcely able to support themselves.
And the said Patrick Fitzgerald in pursuance of the act of the first of May 1820, doth solemnly swear, that he was a resident citizen of the United States on the 18 th day of March 1818, and that he has not since that time by gift, sale, or in any manner, disposed of his property, or any part thereof, with intent thereby to diminish it or to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the late

and Naval Service of the United States in the Revolutionary war, passed on the 18 th day of March 1818," and that he has not, nor has any person in trust for him, any property or surety, contracts or debts due to him, nor any income whatsoever.
Sworn and Subscribed in Open Court this 7 th day of February 1825
P. Fitzgerald
W m McAndrews Pro
Pennsylvania } ss. Allegheny County }
I William McAndrews Prothonotary of the Court of Common Pleas of said County, do hereby certify, that it appears to the satisfaction of the Court that the said Patrick Fitzgerald did swear in the Revolutionary war as stated in the preceding declaration, against the Common enemy, under two engagements in the Continental establishment. I also certify that the foregoing oath and declaration are truly copied from the records of said Court.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court at Pittsburgh on this 25 th day of February 1825.
W m McAndrews Pro

42193
INVALID.
Rev
No. 42,198
Patrick Fitzgerald
Seizure No
Act: 18 March 18 th
Box:—Vol. 3 rd , Page 170
[Arrangement of 1870.]

Patrick Fitzgibbon 6 Pa
Rec July 29. 1826
(Sept. 1825)

Pittsburg July 20 th 1826
In obedience to your notice of the 30 th ult requesting United States Pensioners to report themselves. I beg leave to report to your De- partment that my name is P. Fitzgerald a U.S. Revolutionary Pensioner, I have long lived in Allegheny County and State of Penn- sylvania, and still continue to live in the same place. I am very Respectfully Yours P. Fitzgerald To the Honorable Secretary of War

W. Nels Op. 1.

Washington City July 29. 1842
Mr.
J. L. Edwards Esq. } Commissioner of Pensions }
Sir I. will thank you for copy of all the Papers. that are on file in the — Pension Office. in favour of Patrick Fitzgerald that was on the Pittsburg. Pennsylvania Agency. to enable me as one of the heirs of said Fitzgerald to get what Land is due him from the State of Pennsylvania
I am Very Respectfully Your Obt humble Servt
James Fitzgerald

Honorable J. L. Edwards

Sir
Pittsburgh 11
May 1825
I am extremely sorry that the documents transmitted with regard to the claim of Patrick Fitzgerald have been found insufficient to authorize the inscription of his name on the Pension list. I am confident, Sir, that it is sometimes impracticable for Officers having a multiplicity of business to transact, to examine in minutes every document with that care and accuracy which even sometimes the particular case may merit; but, on being reminded of the oversight I am sure you will not refuse to give the case another examination. You have stated (or rather stated (or rather your clerk has stated) that "There is a disagreement in the statements of the applicant and that of one of the witnesses." That "The applicant states he enlisted in the month of April 1778, in Colonel Miles' regiment for two years," and "The witness states that the applicant enlisted in the month of May 1778, in Col. Piper's Regiment." Now Sir, if you will be kind as to examine, ( yourself ), the deposition of John Dougherty, the witness alluded to, you will find that he expressly stated that it was he himself, the said John Dougherty who enlisted in May 1778, & that Fitzgerald was in the army when the witness enlisted. With regard to the statement of the disposition of his property, I think the applicant is

satisfactorily explicit on that head; for he states "That since that time (1818) he has been in very indigent circumstances , feeble and unhealthy and unable to acquire a livelihood, and that he has been principally dependent upon the munificence of his friends & countenance; Indeed Sir, his very appearance indicates great debility of body and extreme poverty. In the conclusion of his statement he is still more explicit, if possible. —
Is it at all unreasonable to conclude, that as he has had no property whatever, but his wearing apparel, there is no necessity, indeed, that there be no reason in the application of the Rule with regard to the disposition of the applicant's property since 18 th March 1818. "Ex nihilo nihil fit," is a maxim applicable to his case. As to him it would be rather worse than a "beggarly account of empty boxes."
With regard to the names of the colonels under whom Dougherty stated he had served, I presume it will make little difference whether he erred in his statement of that fact or not, as he is correct in his other statements with regard to his knowledge of his service &c. — I am instructed however to state, that Col. Miles had the command of three Battalions. Lieut. Col. Piper commanded one. Miles had one Bat n of Musketry and one of Riflemen under his command as head Col o , and after Piper & Miles had been taken prisoner, Lieut. Col. Broadhead Esq r took the command of the Battalion to which Richard Brown's company belonged. — This statement may be correct, but whether or not,

The object of the Testimony is to show that the applicant served in the "Army of the Revolution".
You will see, I hope excuse my prolixity. I can assure you that I have not the least doubt of this man's having served, faithfully, in the Army of the Revolution.
After the Rec d of your letter I sent for Fitzgerald and informed him of the result of this application. He stated that since the application had been forwarded, he was told that the son of Capt. Richard Brown his old captain, resided within a few miles of Pittsburgh. I ordered him to repair immediately to his residence and if possible to procure from him any papers or documents in his hands which had reference to his command in the revolutionary Army. Mr. Brown was good enough to send me the size Roll and two copies of the muster & pay Rolls of the company commanded by his father, who is now deceased. That every matter may appear plain and satisfactory I have procured the certificate of two magistrates, who at my instance examined the applicant to establish his identity; accompanied with an affidavit that the Rolls above mentioned  stated were obtained in the manner above stated. I hope these documents will be found sufficient. It is impossible for him to do any more. In conclusion I have to state, if he fails in obtaining a pension, a brave and meritorious soldier of the revolution must live in the most abject poverty & die a pauper.
I am Sir, respectfully your O bedt Serv t . H. Kingston

N. B. I transmit with the other documents The copies of Captain Brown's Size & Pay Prompts Rolls within alluded to. J. H.
Honorable J. H. Fleming

City of Pittsburgh Pa.
Before me an alderman in and for said city came Patrick Fitz Gerald who being duly sworn according to law doth depose and say, That, on receiving information that his application for a pension as a soldier of the revolution, was rejected in consequence of the insufficiency of the proof exhibited, he, this deponent (having heard that the son of Richard Brown his old Captain, resided in Virginia) repaired to the residence of the said Mr. Brown whom he recognized as the son of the Captain Richd. Brown of the first Battalion Pennsylvania Riflemen That on communicating to him the object of his visit, he searched among his father's revolutionary papers and handed to deponent the size Roll, and the two copies of the pay and muster Rolls therewith exhibited, and which this deponent, is perfectly confident, are genuine.
This deponent further saith, That he has not owned any property either real personal or mixed, in possession, reversion remainder or expectancy, except his wearing apparel; That he since the year 1815, or 1816. — His wife having died some time before that period and his two sons having previously joined the Army; The two sons

who remainia being young, he bound one to a trade and the other went to the state of Indiana or Illinois, deponent does not know which.
This deponent further saith that he has ever since that period lived in great poverty having no friends or relatives who were able to support him
Sworn to and subscribed before me this 16 th day of May A.D. 1825.
P. Fitzgerald
Matthew B. Lowrie
City of Pittsburgh Pa.
We, the subscribers four of the Aldermen in and for said city do by these presents certify, that we have care- fully examined the above named Patrick Fitz- Gerald, an applicant for a pension as a Soldier of the Revolution, and also what appears to be a copy the size Roll, the copies of the pay & muster Rolls of the late Captain Richard Brown of the First Battalion, Pennsylv. Rifle men, and find on examination & comparison &c. That the above named deponent & the description of Patrick Fitzgerald named in the said size Roll correspond with each other in every particular,

and that he appears at this time to be about Seventy years of age. That the account he has given of himself as to his services in the Revolutionary army, connected with other facts and circumstances, leave no doubt on our minds that his declaration of service &c. is correct and true Given under our hands this 16 th day of May A.D. 1825
Matthew B. Lowrie
Robt. Mirtz
Thomas Enoch
Alderman
Charles von Bonnhorst
Pennsylvania Allegheny County } Set
I William McBride Prothonotary of the Court of Common Pleas of the County of Allegheny aforesaid. Do by these presents certify that Matthew B. Lowrie, Robert Mirtz, Thomas Enoch & Charles Von Bonnhorst Esquires who have given the foregoing certificate were at the time and now are Aldermen in & for the City of Pittsburgh with the privileges & jurisdiction of Justices of the Peace throughout the County of Allegheny aforesaid, duly commissioned sworn and acting as such - to all whose official acts due faith & credit are and of right ought to be given throughout the United States & elsewhere - In witness whereof I have hereunto set my hand affixing the seal of said Court this sixteenth day of May A.D. 1825
Wm McBride Pro.

State of Pennsylvania County of Allegheny } ss.
On the third day of February A. D. 1825, personally appeared Thomas Vaughan, who on his solemn oath doth depose and say, That he this deponent served in the Revolutionary war, and receives a pension from the United States. That he served for some time under Lieut. Richard Brown at Boston in 1775, who returned to Bedford Penn a and raised a company there. That Patrick Fitzgerald who now makes application for a pension, belonged to the said Richard Brown's Company in the year 1776; and that he afterwards knew & is certain that he the said Patrick Fitzgerald performed duty on Long Island in the service of the United States; and that he is certain the said Patrick was at the Battle of the White Plains and Long Island in the United States army. That the said Patrick appears now to be about seventy years of age.
Thomas Vaughan
Sworn and subscribed before the subscriber a Justice of the Peace in and for said County, on the day & year above mentioned Thomas Reed H. C.
I do hereby certify that the above named Thomas Vaughan is well known to me & that he is a credible witness.
Thomas Reed

ALLEGHENY COUNTY, } ss.
State of Pennsylvania, } ss.
City of Pittsburgh } ss.
I, William M c Cammon Prothonotary of the Courts of Common Pleas in and for the County of Allegheny, in the Commonwealth of Pennsylvania, do by these presents certify, that Thomas   Esquire, before whom the foregoing Deposition was taken, and who has thereunto, in his own proper hand writing, subscribed his name, was, at the time of taking such Deposition   and now is 
An alderman in & for the city of Pittsburgh an acting Justice of the Peace, in and for the said county, duly commissioned and sworn, to all whose
acts, as such, due faith and credit are, and of right ought to be given, throughout the United States and elsewhere.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the seal of the said Court, at Pittsburgh, in the said County, this fifteenth day of March in the year of our Lord one thousand eight hundred and twenty five and of the sovereignty and independence of the United States of America, the forty
ninth
Attest,
Wm M c Cammon Pro

Pennsylvania
Somerset county ss. Personally appeared before me the sub- scriber one of the justices of the peace in and for the county of Somerset John Daugherty creditable Witness who being duly sworn according to law doth depose and say that he the said John Daugherty was enlisted in May 1776 in to capt n Richard Browns company under col l James Piper James Francis Moore was his Lieut. at the town of Bedford Pennsylvania and that at the time he the said John Daugherty enlisted into said company Pat n Fitzgerald was a private soldier in said company and that they the said John Daugherty and the said Pat n Fitzgerald done duty as enlisted soldiers in said company and marched in the same to Lancaster Pennsylvania from thence to Marcus hook from thence to Philadelphia from thence to Amboy from thence to New York from thence to Long Island and that they were in the battle of Flatbush on Long Island after which battle this deponent never saw the said Pat n Fitzgerald until week before the last past and that he knew the said Pat n Fitzgerald as a good and well behaved soldier and served all the said time in the Pennsylvania line with fidelity as a good and faithful soldier and further say and that he the said John Daugherty is in no wise interested in any pay or pension that may be granted to said Pat n Fitzgerald said not sworn to and subscribed the third day of December in the year of our Lord one thousand Eight hundred and twenty four John Daugherty before me John Witt
The words credible Witness between the second and third line and the words "and that he the said John Daugherty is in no wise interested in any pay or pension that may be granted to said Pat n Fitzgerald between the twenty third and twenty fifth lines from top were inserted by me before signing & form part of the deposition which I certify John Witt

Pennsylvania
Somerset County
ss
My Testimony that John Wills Esquire before whom the foregoing deposition was taken is an acting Justice of the Peace in and for said County duly commissioned and sworn. I have hereunto set my hand and affixed my official seal at Somerset this third day of December Anno Domini Eighteen hundred and twenty four
Alexander Agb J.P. Reader